3 Angels Family Day Care Pty Ltd v Secretary, Department of Education [2017] NSWCATAD 265

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: 3 Angels Family Day Care Pty Ltd v Secretary, Department of Education [2017] NSWCATAD 265 Hearing dates: 17 August 2017 Date of orders: 17 August 2017 Decision date: 17 August 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: Dr J Lucy, Senior Member Decision: The respondent's decision to cancel the applicant's service approval is confirmed. Catchwords: ADMINISTRATIVE REVIEW – Education and care services – Cancellation of service approval – Where applicant failed to comply with condition requiring it to commence ongoing operation of the service within 6 months - Where applicant had commenced providing services three days before hearing - Whether the applicant had commenced ongoing operation of the service – Whether services provided were personal arrangements – Discretionary factors Legislation Cited: Children (Education and Care Services) National Law (NSW) Education and Care Services National Regulations (NSW) Cases Cited: CTG v NSW Department of Education, Early Childhood and Care Directorate [2017] NSWCATAD 60 Category: Principal judgment Parties: 3 Angels Family Day Care Pty Ltd (Applicant) Secretary, Department of Education (Respondent) Representation: Solicitors: Applicant in person Crown Solicitor's Office (Respondent) File Number(s): 2017/149343

reasons for decision 1. This was a review of a decision to cancel the service approval of a company seeking to offer family day care services. The company had not commenced operation within six months, as required by its approval. At the time of hearing, it was about nineteen months since the approval had been granted. 2. The key issues in the case were whether it had now commenced ongoing operation, having started providing services in the week of the hearing, and whether the services it offered were personal arrangements. 3. I found that the services offered by the applicant were personal arrangements and that it had not commenced ongoing operation. For this and other reasons, I confirmed the respondent's decision to cancel the applicant's service approval.